A petition has been filed in court by the Katiba Institute, challenging a new directive by the Kenya Revenue Authority (KRA) requiring passengers entering Kenya to declare the International Mobile Equipment Identity (IMEI) numbers of any mobile devices they intend to use in the country. The policy, introduced on November 5, 2024, is part of an initiative aimed at enhancing tax compliance. However, it has sparked significant concerns over privacy and human rights, raising questions about the potential risks of unwarranted state surveillance and the protection of personal data.
The directive mandates that all passengers arriving in Kenya must declare the IMEI numbers of their mobile phones, laptops, tablets, or any other mobile communication devices they plan to use during their stay. The government states that this move is designed to improve tracking mechanisms and ensure that all devices used within the country comply with local tax laws and regulations, including duties on electronic goods.
Privacy Concerns and Data Protection
The Katiba Institute, a non-governmental organization that advocates for constitutionalism and the protection of fundamental rights, argues that the new policy violates the privacy rights of individuals. In its petition filed in court, the Institute contends that the mandatory disclosure of IMEI numbers could lead to intrusive surveillance practices by the state. The IMEI number, a unique identifier for mobile devices, could be linked to other personal details such as names, flight information, and customs declarations. This combination of data, the petition suggests, could potentially be used to track and identify individuals, thus infringing upon their privacy.
“This could constitute a serious breach of individuals’ fundamental rights to privacy, as the collection of this data, when paired with other personal details, would allow for the creation of detailed profiles of travelers without their consent,” the petition reads. It emphasizes that the IMEI numbers are personal data under privacy laws, and the collection of such data without clear consent and oversight could have serious consequences for the protection of individual freedoms.
Lack of Transparency and Oversight
One of the key concerns raised by the Katiba Institute is the lack of transparency around how the collected IMEI numbers will be stored, protected, and used. The Institute has questioned who will have access to the IMEI database, what security measures are in place to prevent data breaches, and whether there will be adequate remedies for individuals who believe their data has been mishandled or misused.
“Without clear mechanisms for oversight and accountability, this could open the door to potential abuse, where individuals’ movements, habits, and communications could be monitored in ways that infringe on their privacy and civil liberties,” the petition warns.
There is also concern about the absence of safeguards to protect the data from being accessed by unauthorized parties or used for purposes other than the stated tax compliance objectives. Katiba calls for a more transparent approach to data collection, including clear guidelines on the storage, usage, and protection of personal information.
The Urgency to Act
The Katiba Institute has described the KRA’s directive as part of a worrying trend towards an erosion of privacy rights in Kenya. It warns that the government’s actions, if allowed to proceed without checks and balances, could pave the way for more invasive surveillance practices in the future. The Institute has stressed the urgency of halting this policy, emphasizing that the potential risks it poses to individual freedoms are not hypothetical but real and immediate.
“Kenya has made significant strides in protecting citizens’ rights under its Constitution, and it is crucial that any policy introduced, especially one affecting personal data, is in line with these constitutional protections,” the petition states. “This case presents an opportunity for the court to affirm the importance of safeguarding individual rights against unwarranted government intrusion.”
Legal Implications and the Way Forward
The court petition filed by the Katiba Institute calls for an urgent review of the policy, with the Institute seeking to have the directive suspended until it is examined for its compatibility with constitutional protections for privacy and personal freedoms. This case highlights the broader debate over data protection and privacy rights in the digital age, where the balance between security, surveillance, and individual freedoms remains a contentious issue.
As the case progresses through the legal system, it is expected to spark further discussion about the appropriate limits of government surveillance and the need for stronger protections against the misuse of personal data. The outcome could have significant implications for both the privacy rights of Kenyan citizens and the way in which the government navigates the complexities of tax compliance in an increasingly digital world.
